Kim Yong-hyun's legal team has formally challenged the constitutionality of the "Special Act on Criminal Procedures for Insurrection, Foreign Exchange, and Rebellion" (Insurrection Court Law), which has now been accepted for review by the Constitutional Court.
According to legal sources on June 4, the Constitutional Court has referred the case to its full bench of nine justices after a preliminary review on June 2.
Typically, the court assesses whether a constitutional challenge meets legal requirements through a designated panel of three justices. If deemed valid, the case is then escalated to the full bench for further deliberation.
The court has determined that Kim's challenge meets the necessary legal criteria without any grounds for dismissal.
Previously, Kim's team had requested the Seoul High Court to rule on the constitutionality of the law, arguing it infringes on the right to a fair trial. However, the court dismissed the request, stating that the law designating a specific court for these cases falls within the legislative discretion.
Following this rejection, Kim's team promptly filed a constitutional complaint with the Constitutional Court.
In addition to Kim, former President Yoon Suk-yeol has also filed a similar constitutional challenge regarding the same law, which is already under review by the full bench. Legal experts suggest that the Constitutional Court may consider both cases together.
* This article has been translated by AI.
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